Colorado § 24-48.5-113 - Limit on fees - active solar energy systems - geothermal systems - definitions - repeal.

§ 24-48.5-113. Limit on fees - active solar energy systems - geothermal systems - definitions - repeal.

(1) (a) Except as otherwise provided in this section, the aggregate of all charges or other related or associated fees the state or any agency, institution, authority, or political subdivision of the state may impose or assess to install an active solar energy system or a geothermal energy system shall not exceed:

(I) The lesser of the actual costs in issuing the permit or reviewing the application or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system; or

(II) The actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system.

(b) The state or any agency, institution, authority, or political subdivision of the state shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (1) on the invoice.

(c) The state or any agency, institution, authority, or political subdivision of the state may increase its fees or other charges as authorized by subsection (1)(a) of this section by no more than five percent on an annual basis until the five hundred dollar limitation specified in said subsection (1)(a) is achieved.

(d) In the case of a nonresidential application, on an individual installation basis only, if the state or any agency, institution, authority, or political subdivision of the state incurs actual costs for issuing the permit that are greater than one thousand dollars, the state or such other agency, institution, authority, or political subdivision of the state is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of such actual costs.

(e) As used in this subsection (1):

(I) "Active solar energy system" means a single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2).

(II) "Geothermal energy system" means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation.

(2) This section is repealed, effective December 31, 2029.

Source: L. 2011: Entire section added, (HB 11-1199), ch. 311, p. 1519, § 4, effective June 10. L. 2017: IP(1)(a) and (2) amended, (SB 17-179), ch. 170, p. 621, § 1, effective August 9. L. 2021: Entire section amended, (HB 21-1284), ch. 327, p. 2089, § 2, effective September 7. L. 2022: IP(1)(a) and (1)(e) amended, (SB 22-118), ch. 335, p. 2369, § 2, effective August 10.

Cross references: (1) In 2011, this section was added by the "Fair Permit Act". For the short title, see section 1 of chapter 311, Session Laws of Colorado 2011.

(2) For the legislative declaration in HB 21-1284, see section 1 of chapter 327, Session Laws of Colorado 2021.